A&B Abstract: On September 25, California Governor Gavin Newsom signed into law Senate Bill 908, which, in part, enacts the California Debt Collection Licensing Act (“Act”). Effective January 1, 2022, the Act will require the licensure of persons that engage in debt collection in California with California residents. Notably, the Act also applies to entities […]
State Law
Maryland Issues Executive Order Restricting Foreclosure Actions and Prohibiting Evictions During COVID-19 Emergency
A&B ABstract: Maryland’s Governor has issued an Executive Order providing that until the COVID-19 state of emergency is terminated: (1) foreclosure sales will only be valid if the servicer had notified the borrower of their rights to request a forbearance, and (2) residential and commercial evictions are prohibited if the tenant can show they suffered […]
California Department of Justice Releases Post-Finalization Modifications to CCPA Regulations
On October 12, 2020, the California Department of Justice (“Department”) released its first set of proposed post-finalization modifications to the California Consumer Privacy Act Regulations (the “CCPA Regulations”). As many businesses know, the CCPA Regulations were finalized on August 14, 2020. The Department styled these new modifications as a “Third Set of Proposed Modifications” to […]
Pennsylvania Court Invalidates Statewide Pandemic Restrictions
A&B ABstract: In County of Butler v. Wolf, a federal court in Pennsylvania struck down as unconstitutional key aspects of the Pennsylvania Governor’s COVID-19 Emergency Order: limitations on the size of indoor gatherings and the “closure of all businesses that are not life sustaining.” The decision has been appealed, but the breadth of the court’s order […]
District Courts Split on Convenience Fees Under Debt Collection Laws
A&B ABstract: In a number of recent decisions, district courts have split on the issue of whether a mortgage servicer violates the Fair Debt Collection Practices Act (“FDCPA”) and related state debt collection statutes by charging a borrower a convenience fee for making a mortgage payment over the phone, interactive voice recording system (“IVR”). FDCPA […]